0324303971_68722 - defendant has committed negligence per...

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Chapter Review 1. The five elements of negligence are duty of due care, breach, factual causation, foreseeable type of harm, and injury. 2. If the defendant could foresee that misconduct would injure a particular person, he probably has a duty to her. 3. In most states, a landowner’s duty of due care is lowest to trespassers; often higher to children; higher still to a licensee (anyone on the land for her own purposes but with the owner’s permission); and highest of all to an invitee (someone on the property as of right). 4. A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances. 5. Employers may be liable for negligent hiring or negligent retention of employees. 6. If a legislature sets a minimum standard of care for a particular activity in order to protect a certain group of people, and a violation of the statute injures a member of that group, the
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Unformatted text preview: defendant has committed negligence per se. 7. If one event physically led to the ultimate harm, it is the factual cause. 8. For the defendant to be liable, the type of harm must have been reasonably foreseeable. 9. The plaintiff must persuade the court that he has suffered a harm that is genuine, not speculative. 10. In a contributory negligence state, a plaintiff who is even slightly responsible for his own injury recovers nothing; in a comparative negligence state, the jury may apportion liability between plaintiff and defendant. 11. A defendant is strictly liable for harm caused by an ultrahazardous activity or a defective product. Ultrahazardous activities include using harmful chemicals, blasting, and keeping wild animals. Strict liability means that if the defendant’s conduct led to the harm, the defendant is liable, even if she exercises extraordinary care....
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This note was uploaded on 04/11/2011 for the course BUS 138 taught by Professor Jeffbrozz during the Spring '11 term at Long Beach City College.

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